Loading...
Ord 1534 8/1/1950 _ y ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 1337, GRANTING TO THE WICHITA TRANSIT CORPORATION, A TEXAS CORPORATION, AND ITS LAWFUL SUCCESSORS THE RIGHT AND PRIVILEGE TO MAIN* TAIN AND OPERATE MOTOR BUSES AS A CITY-WIDE MOTOR BUS TRANSPORTATION SYSTEM, AND THEREBY CANCELLING AND ANUL- LING THE RIGHTS GRANTED TO THE WICHITA CITY LINES, INC. , UNDER ORDINANCE NO. 1491, WHEREIN AND WHEREBY THE WICHITA CITY LINES, INC. , WAS GRANTED THE AUTHORITY TO ACQUIRE BY TRANSFER THE FRANCHISE ORIGINALLY GRANTED TO THE WICHITA TRANSIT COMPANY, A CORPORATION, UNDER SAID ORDINANCE NO. 1337, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. THAT WHEREAS, by transfer under Ordinance No. 1491, the Wichita City Lines, Inc. , a Texas corporation, acquired as succes- sors to the Wichita Transit Corporation, the rights and privileges granted under Ordinance No. 1337, and upon the acceptance by the said Wichita City Lines, Inc. , of the terms, provisions and condi- tions set forth in the original Ordinance No. 1337, granting to the said Wichita Transit Corporation the right and privilege of main- taining and operating a bus transportation system for the City of Wichita Falls, Texas, and said Wichita City Lines, Inc. , thereby became obligated under said Ordinance No. 1337 to carry out its terms and provisions; and WHEREAS, the said Wichita City Lines, Inc. , a corpora- tion, has failed to live up to and carry out the terms of said Ordinance No. 1337, in that it has failed to place in service and continue to use upon its bus lines buses of such design and equip- ment and furnished with such improvements and appliances as shall be reasonably necessary and proper to meet the bus transportation needs of the City of Wichita Falls, and for the safety, convenience and comfort of the passengers and the public; and WHEREAS, the said Wichita City Lines, Inc. , has, with- out the approval of the Board of Aldermen of the City of Wichita Falls, made changes in the routes and schedules different from that originally designated, which changes curtail and limit the opera- tion of the bus lines so that the present operation is not reason- ably necessary and proper to meet the bus transportation needs of the City; and WHEREAS, said Wichita City Lines, Inc. , has failed at all times to. keep its property and buses in a good and business-like order and repair, or to set up and maintain a repair, maintenance and depreciation reserve or to use the same when and to the extent necessary to keep its equipment in first-class condition; and WHEREAS, the said Wichita City Lines, Inc. , has failed to keep its offices at the disposal and open to the inspection of the Mayor, City Manager or designated agent of the Board of Aldermen at all reasonable times, and has failed to pay to the City of Wichita Falls, as required in said Ordinance and in Ordinance No. 1491, permitting a transfer of the original Ordinance to the said Wichita City Lines, Inc. , two (2%) percent of $ts annual gross in- come as compensation to the City for the grant of said franchise, and is now delinquent in such payment for two quarters, and has wholly failed to pay the City Clerk such 2% of the gross receipts as provided for in said original ordinance or in Ordinance No. 1491, directing the transfer of same, and said Wichita City Lim s,Tnc. , has been guilty of a misuse and non-use of the privileges granted under the terms of said Ordinance No. 1337. SECTION 2. That each of said ordinances, Ordinance No. 1337 as well as Ordinance No. 1491, is hereby repealed, and the said Wichita City Lines, Inc. , is hereby directed to remove its buses and motor vehicles from the streets, public roads, avenues and highways within the City of Wichita Falls, within days from the effective date of this ordinance. SECTION 3. This ordinance shall be published in every issue of the official paper of the City of Wichita Falls for ten (10) days in accordance with Article 1013, Texas Civil Statutes, and shall take effect and be in force after the publication thereof. SECTION 4. The fact that the said City of Wichita Falls is now without an adequate bus line and the present system now operated by the said Wichita City Lines, Inc. , is wholly insufficient to adequately serve the City of Wichita Falls with a transporta- tion system, and in order to obtain adequate, safe transporta- tion system for the City of Wichita Falls, and to collect a aharge of 2% of the gross income received for transporting pas- sengers within the City in accordance with Ordinance No. 1337, creates an emergency and requires a suspension of the rule re- quiring the reading of the ordinance on three several days, and said rule is hereby suspended, and this ordinance shall take effect from and after its passage and approval, and after its publication as hereinabove provided. PASSED AND APPROVED THIS the j./L� day of A. D. 1950. or ATTF,ST .0ity Clerk